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Yes, he can. The option then for the commanding officer would be to either drop the charge completely, impose NJP (Non-Judicial Punishment) at Captain's Mast, or refer it to a General Court Martial.
From the C.O.'s perspective, it wouldn't have gone to a summary court martial unless there was a real offense and the evidence was pretty strong, so whenever a sailor refuses a summary court martial, it's probably going to go to a GCM.
This is a bad idea for a number of reasons, not the least of which is that a Summary Court Martial is quite limited in the severity of the punishments that can be imposed. At a GCM, the Court can impose very severe punishments up to and including the death penalty for treason or cowardice during wartime, "or such lesser punishment as the court may direct".
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What are the three types of court martials?
Special, General, Summary
What are the types of court martial?
The major divisions are Summary Court, Special Court and a General Court Martial. BTW, the plural is Courts Martial.
What are the types of court-martials?
summary court martial, special court martial, and general courtmartial
What are two types of court martial council?
The major divisions are Summary Court, Special Court and a General Court Martial. BTW, the plural is Courts Martial.
What are the three types of court-martials?
summary court martial, special court martial, and general courtmartial
What are the three type of court-martial?
The major divisions are Summary Court, Special Court and a General Court Martial. BTW, the plural is Courts Martial.
Can a summary court martial be deemed as a felony in the civilian sector?
A summary court martial is a trial proceeding. If convicted by the court, the serviceman will have a Federal Felony on their criminal record.
What are three types of court-martial?
summary. general, and special
Can an enlisted sailor request a courts martial?
Yes. Enlisted sailor can request a court-martial instead of submitting to punishment of Article 15. But beware ~ if this sailor later convicted in a court-martial, by UCMJ he cannot appeal based on vindictive prosecution. Ex. case. United States v. Bass. (Court Martial Procedure, Francis A. Gilligan.p,310) And Non-Judicial Punishment doesn't show up as a Federal charge, while a Courts Martial does.
What are the three types of court marshal?
The term is Court Martial. In the US military they were divided into Summary, Special and General Courts Martial.
What are the 3 types of court martial?
According to the website, U.S. Military Lawyer:Types of Military Court-Martial: There are three types of courts-martial: summary, special, and general.Summary Court-Martial. Trial by summary court-martial provides a simplified procedure for the resolution of charges involving minor incidents of misconduct. The summary court-martial consists of one officer who, depending upon Service policies and practice, is a judge advocate (a military attorney). The maximum punishment a summary court-martial may impose is considerably less than a special or general court-martial. The accused must consent to be tried by a summary court-martial.Special Court-Martial. A special court-martial is the intermediate court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused, officer or enlisted, may also request trial by judge alone. Regardless of the offenses involved, a special court-martial sentence is limited to no more than twelve months confinement (or a lesser amount if the offenses have a lower maximum), forfeiture of two-third's basic pay per month for six months, a bad-conduct discharge (for enlisted personnel), and certain lesser punishments. An officer accused in a special court-martial cannot be dismissed from the service or confined.General Court-Martial. A general court-martial is the most serious level of military courts. It consists of a military judge, trial counsel, defense counsel, and at least five court members. Again, an enlisted accused may request a court composed of at least one-third enlisted personnel. Unless the case is one in which the death sentence could be adjudged, an officer or enlisted accused may also request trial by judge alone. In a general court-martial, the maximum punishment is that established for each offense under the Manual for Courts-Martial, and may include death (for certain offenses), confinement, a dishonorable or bad-conduct discharge for enlisted personnel, a dismissal for officers, or a number of other lesser forms of punishment. A pretrial investigation under Article 32, UCMJ, must be conducted before a case may be referred to a general court-martial, unless waived by the accused.
Which army regulation governs the authority jurisdiction duties of the summary court martial officers?
uncase the colors?
